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Dear Wefugees community,

I'm in a very complicated situation and I hope that someone here can help me with advice. I'd be very grateful for your support.

First good and positive things -
I came to Germany in 2016 from a Caucasian small country (don't want to say the name out of privacy concerns). In 2018 I was granted an Absciebungsverbot according to §60 Abs. 7 and got my residency permit according to § 25 Abs. 3. In these 3 years I have learned German by myself, got certificates for B1 and B2 language levels (both of them 100% scores), took a Das Leben in Deutschland integration test (also 100% score, broke local time record - 2:58 minutes) and did an Ausbildung for 1 year (cancelled out of health reasons). I love this country very much and feel myself fully integrated into the culture and society. I speak 5 languages and I'm waiting for an open vacancy now to get a job. If that doesn't work I plan on doing a Weiterbildung and try again.

Now the difficult thing - 
I am gay and have a boyfriend who lives in Russia. We're in a long distance relationship since 2017. He visits me on a tourist visa once in a while. The relationship is very serious, as we really love each other and want to live together. We have tried everything we could these past 2.5 years to get him to Germany. He has a very specific profession (perfumer in fine fragrance) and tried to apply for a perfumery school or a job in Germany, to immigrate.

We're having very difficult times because all of his applications get denied. He speaks 4 languages, including German, has a Master's Degree. He was offered a very good job by a German company 2 months ago. They sent him a Job Contract and he signed it. But 1 week ago they wrote back, saying that the application was denied by the German government. It was our last hope to get together. We don't know what we can do anymore. If I had a German citizenship, I could marry him and he could stay here but I don't have full citizenship. I only have a German Blue Card (Aufenthaltstitel) and a Reiseausweis (my original country documents are not with me).

A lawyer told me that theoretically I can marry him now but it will not help us. Does anyone know what else we can try to get together? :( His job searches get denied and he can't apply for Asylum because he has no problems in his country. We lost all hope and really need some advice.

Thank you in advance.

asked Aug 8 in Legal advice by Blue017

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1 Answer

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Dear @Blue017,

Thank you for sharing your situation with the Wefugee Community!

The subsequent immigration of a spouse to a person holding the §25 Abs 3 residence permit is not totally impossible, but definitely very difficult.

From my perspective, I would recommend you to follow a strategy of trying different paths and possibilities. First of all, a married couple always has more rights in terms of (re-)unification and residence options. If you are able to marry (having all the required documents etc.) this might be one important step. 

I would also recommend you not giving up regarding finding a job and applying for a work visa for your partner. He seems to be well qualified and he also speaks the language. In Germany, there is a lack of employees/workers in several sectors, please check this governmental website for more information.

In the meantime, I would recommend you to work towards fulfilling the requirements for a Niederlassungserlaubnis. I am aware that this will not be an easy process (since you also have health issues), but holding this permanent residence permit will also give you more rights and privileges.

I hope this helps and please do not hesitate to get back to us with further questions!

All the best,

Meike

answered Sep 6 by Meike
Dear @Meike , Thank you very much for your reply and advice. Could you tell me if the Niederlassungserlaubnis and a German Citizenship are the same thing? I'm researching the law and it seems I have all the necessary documents to apply for it except the most important one (job contract).
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